ORDER:

In this writ petition filed under Article 226 of Constitution, the petitioner seeks following relief:

“For the reasons stated in the accompanying affidavit, it is prayed that the Hon‟ble Court may be pleased to issue a Writ or Order or Direction more particularly one in the nature of Writ of Mandamus direct the respondent No.1 to 4 to stop the illegal action of the 5th respondent in converting the agricultural water tank “Gudibanda” to dry land in Sy.No.84/2 in Paturu Village, Vepada Mandal, Vizianagaram District as illegal, unconstitutional and contrary to law, violative of Article 21 and 300-A of the Constitution of India, and pass such other order or orders as this Hon‟ble Court may deem fit and proper in the circumstances of the case.”

2. The case of the petitioner succinctly is thus:

(a) The petitioner is Anganwadi worker of Paturu Village, L.Kota Sitaramapuram Post, Vepada Mandal, Vizianagaram District. Respondent No.5 who is erstwhile Village Administrative Officer (VAO) of Paturu Village tampered the revenue records and got mutated his name in the revenue records as a owner in respect of land in Sy.No.84/2 in Paturu Village, but the fact remains that the said land is an agricultural tank “Gudibanda” which is used by entire village public for irrigation. Subsequently, he started converting the agriculture water tank into a plain land by filling with mud to show that it is only an agriculture land and cattle field. The petitioner and other village elders objected his act of converting the water tank into a plain land but he did not bother to stop the earthwork.

(b) The petitioner, having no option, made a representation to the Revenue Officers, i.e., respondents 2 to 4 on 07.08.2017 and the District Collector on 09.07.2017 and also sent a representation to the RDO and Tahsildar praying to stop the illegal earthwork converting the agriculture water tank into plain land by respondent No.5. However, so far the respondents 2 to 4 have not taken any steps to stop the illegal action of the 5th respondent.

(c) The acts of respondent No.5 adversely effects the legitimate rights of villagers‟ source of water and also agricultural lands. Hence, the petitioner prayed to direct the respondents 1 to 4 to stop the illegal action of the 5th respondent in converting the agriculture water tank “Gudibanda” to dry land in Sy.No.84/2 in Paturu Village as illegal.

3. Learned Government Pleader for Revenue representing respondent No.4 filed counter and opposed the Writ Petition. It is submitted that as per the SFA of Paturu Village, the land in Sy.No.84-2 measuring Ac.6.22 cents was classified as Inam Dry correlated to old Sy.No.139-2 bearing TD No.1804. It has been treated as Inam Land in Zamindari Village, during the implementation of abolition of Inams under Inams Abolition Act, 1956. The then Special Deputy Tahsildar (Inams), Vizianagaram has issued Ryotwari Patta in Form VIII for the land in Sy.No.84-2 measuring Ac.6.06 cents of Paturu Village vide SR.No.60/65 Inams S.Kota, dt.31.03.1966 in favour of Veluri Srirama Murthy, Bhagavanlu and Satyanarayana sons of Atchutaramayya resident of Paturu Village. During supplemental Survey and preparation of FCO Fair Adangal the same land was recorded as R.Dry in Sy.No.84-2 measuring Ac.5-69 cents bearing patta No.582 in favour of the above said persons. As per the Revenue Records the land in Sy.No.84-2 is not an irrigation source in Paturu Village and it has no any registered Ayacut as per the village revenue records. Hence, the writ petition‟s averments are baseless and the petitioner could not submit any recorded evidence in support of her allegations in Writ Petition. He prayed to dismiss the Writ Petition.

4. Pending disposal of the Writ Petition, the respondent No.5 died and as per the order of this Court dated 15.06.2023 in I.A.No.1/2020, respondents 6 to 10 who are legal heirs of respondent No.5 were added as parties to this Writ Petition.

5. Heard arguments of learned counsel for petitioner